HLS 11RS-875 ORIGINAL
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Regular Session, 2011
HOUSE BILL NO. 509
BY REPRESENTATIVES HUTTER AND SEABAUGH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ELECTIONS/PRES PRIMARY: Changes the date of the presidential preference primary
and elections held at the same time
AN ACT1
To amend and reenact R.S. 18:402(C)(1) and (2), (E)(1)(c) and (2)(c), and (F)(3), 467(3),2
1280.21(A), and 1280.22(B)(1), relative to the presidential preference primary3
election and elections held at the same time as such primary; to change the date of4
the presidential preference primary election; to change the dates of elections held at5
the same time as the presidential preference primary election and corresponding6
general elections held thereafter; to provide for qualifying for candidates in elections7
for certain municipal and ward offices; to provide for qualifying for candidates in the8
presidential preference primary; to provide relative to members of state central9
committees and parish executive committees; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 18:402(C)(1) and (2), (E)(1)(c) and (2)(c), and (F)(3), 467(3),12
1280.21(A), and 1280.22(B)(1) are hereby amended and reenacted to read as follows:13
§402. Dates of primary and general elections14
* * *15
C. Municipal and ward elections. In all municipalities with a population of16
less than three hundred thousand, elections for municipal and ward officers who are17
not elected at the same time as the governor or members of congress shall be held18
every four years.19 HLS 11RS-875 ORIGINAL
HB NO. 509
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(1) Primary elections for municipal and ward officers who are not elected at1
the same time as the governor or members of congress shall be held on the first2
Saturday in April of an election year, or on the second first Saturday after the first3
Tuesday in February March of an election year, if the statewide presidential4
preference primary election is scheduled on the second Saturday in February of the5
presidential election year, or on the third Saturday in February of an election year,6
if the statewide presidential preference primary election is scheduled on the third7
Saturday in February of the presidential election year.8
(2) General elections for municipal and ward officers who are not elected at9
the same time as the governor or members of congress shall be held on the fourth10
Saturday after the first Saturday in April of an election year unless the primary11
election for such officers is held on the second or third first Saturday after the first12
Tuesday in February March; in such case, the general election shall be held on the13
fourth Saturday after the second or third first Saturday after the first Tuesday in14
February March, as the case may be, of an election year.15
* * *16
E. Special elections to fill newly created office or vacancy in office. An17
election to fill a newly created office or vacancy in an existing office, except the18
office of state legislator or representative in congress, shall be held on the dates fixed19
by the appropriate authority in the proclamation ordering a special election as20
follows:21
(1) A special primary election shall be held on the first of the following days22
that is not less than eleven weeks after the date on which the proclamation calling the23
special primary election was issued:24
* * *25
(c) The first Saturday in April, when the special general election is held on26
the fourth Saturday after the first Saturday in April or on the second or third first27
Saturday after the first Tuesday in February March during the presidential election28
year, if the statewide presidential preference primary election is scheduled on the29 HLS 11RS-875 ORIGINAL
HB NO. 509
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second or third Saturday in February of the presidential election year; however,1
commencing in 1986 and every fourth year thereafter, this date shall not be2
applicable in a parish containing a municipality with a population of three hundred3
thousand or more.4
* * *5
(2) A special general election shall be held on one of the following days:6
* * *7
(c) The fourth Saturday after the first Saturday in April of any year unless8
the primary election is held on the second or third first Saturday after the first9
Tuesday in February March; in such case, the general election shall be held on the10
fourth Saturday after the second or third first Saturday after the first Tuesday in11
February March, as the case may be; however, commencing in 1986 and every fourth12
year thereafter, this date shall not be applicable in a parish containing a municipality13
with a population of three hundred thousand or more.14
* * *15
F. Bond, tax, or other elections. Every bond, tax, or other election at which16
a proposition or question is to be submitted to the voters shall be held only on one17
of the following dates:18
* * *19
(3) The first Saturday in April or the fourth Saturday after the first Saturday20
in April of any year or on the second or third first Saturday after the first Tuesday in21
February March or the fourth Saturday after the second or third first Saturday after22
the first Tuesday in February March, as the case may be, during the presidential23
election year , if the statewide presidential preference primary election is scheduled24
on the second or third Saturday in February of the presidential election year;25
however, commencing in 1994 and every fourth year thereafter, the first Saturday in26
April shall not be applicable in a parish containing a municipality with a population27
of three hundred thousand or more.28
* * *29 HLS 11RS-875 ORIGINAL
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§467. Opening of qualifying period1
The qualifying period for candidates in a primary election shall open:2
* * *3
(3) For candidates in a primary election for municipal and ward officers who4
are not elected at the same time as the governor or members of congress in5
municipalities with a population of less than three hundred thousand and those in any6
special primary election to be held at the same time, on the second Wednesday in7
February of the year of the election, unless the primary election is held on the second8
or third first Saturday after the first Tuesday in February March; in such case the9
qualifying period for candidates in such primary election shall open on the second10
first Wednesday in December January of the year prior to of the election.11
* * *12
§1280.21. Presidential preference primary election13
A. A statewide presidential preference primary election shall be held on the14
second first Saturday after the first Tuesday in February March in 2008 2012 and15
every fourth year thereafter for the purpose of allowing the electors of each political16
party in the state which has forty thousand or more registered members to express17
their preference for a person to be the nominee of the party for president of the18
United States, except when a legal holiday falls on the second Tuesday of February,19
in which case, the presidential preference primary election shall be held on the third20
Saturday in February.21
* * *22
§1280.22. Candidates; procedure for qualifying23
* * *24
B.(1) The qualifying period for presidential candidates shall open on the25
second first Wednesday in December January and shall close at 5:00 p.m. on the26
following Friday. During the qualifying period, presidential candidates shall file27
notices of candidacy with the secretary of state.28
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Section 2. Each member of a parish executive committee or state central committee1
of a recognized political party serving on the effective date of this Act shall serve until his2
successor is elected and takes office.3
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hutter HB No. 509
Abstract: Changes the date of the presidential preference primary and elections held at the
same time from the second or third Saturday in February to the first Saturday after
the first Tuesday in March. Provides dates for qualifying for certain municipal and
ward officers and for candidates in a presidential preference primary election.
Present law (R.S. 18:1280.21) provides that a statewide presidential preference primary
election shall be held on the second Saturday in February in 2008 and every fourth year
thereafter for the purpose of allowing the electors of each political party in the state which
has 40,000 or more registered members to express their preference for a person to be the
nominee of the party for president of the U.S., except when a legal holiday falls on the
second Tuesday of February, in which case, the presidential preference primary election
shall be held on the third Saturday in February.
Present law (R.S. 18:402) provides that municipal and ward officers in municipalities with
a population of less than 300,000 who are not elected at the same time as the governor or
members of congress may be elected at a primary held at the same time as the presidential
preference primary and at a general election held four weeks later.
Present law provides that a special primary election to fill a newly created office or vacancy
in office may be held at the same time as the presidential preference primary and a special
general election may be held four weeks later.
Present law provides that a bond, tax, or other election at which a proposition or question is
to be submitted to the voters may be held on the same date as the presidential preference
primary.
Proposed law changes the date of the presidential preference primary and elections held at
the same time from the second or third Saturday in February to the first Saturday after the
first Tuesday in March. Changes corresponding dates for general elections from four weeks
after the second or third Saturday in February to four weeks after the first Saturday after the
first Tuesday in March.
Present law provides that the qualifying period for presidential candidates opens on the
second Wednesday in December and closes at 5:00 p.m. on the following Friday. Proposed
law provides instead that the qualifying period opens on the first Wednesday in January.
Present law (R.S. 18:443) provides that all members of the state central committee of a
recognized political party shall be elected every four years at the same time as the
presidential preference primary election. Provides that the term of office shall not extend
for a period beyond the time for which the member was elected.
Present law (R.S. 18:443.2) provides relative to a recognized political party with which 30%
or less of the registered voters in the state are affiliated. Provides that members of the state HLS 11RS-875 ORIGINAL
HB NO. 509
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central committee of such a party, except for certain elected officials who are automatically
members, shall be elected at the same time as the presidential preference primary election.
Provides that such members serve a four-year term and that the term of office shall not
extend for a period beyond the time for which the member was elected.
Present law (R.S. 18:444) provides that members of a parish executive committee of a
recognized political party are elected every four years at the same time as the presidential
preference primary election. Provides that the term of office shall not extend beyond the
time for which the member was elected. Provides the same time of election regarding a
party with which 30% or less of registered voters are affiliated.
Proposed law retains present law and provides that each member of a parish executive
committee or state central committee of a recognized political party serving on the effective
date of proposed law shall serve until his successor is elected and takes office.
(Amends R.S. 18:402(C)(1) and (2), (E)(1)(c) and (2)(c), and (F)(3), 467(3), 1280.21(A),
and 1280.22(B)(1))